H1b - 221g - is it possible to transfer?

[sreedhar_blr]

Hey guys,
I applied for h1b in april 2006. I got my case approved but I got a 221g asking for more documents from the employer side in chennai embassy in November 2006. My employer hasnt posted the docs to me still. He is saying it will take some more time.

At this point of time is there any way, I can transfer my H1b to some other company. I did hear people talking about not subjected to H1b cap of 65k and all that, if I have a approved H1b petition. Or should I have to wait till I get my visa cleared. Please let me know your comments.

Sreedhar
[email protected]

[visaseeker03]

Till you get your h1 visa stamped in passport, come to US and then work for 3 months, you cannot get your visa transferred.

Ask your h1 sponserer to send the required docs as mentioned in your 221g, personally i have seen more than 75% people get the visa when they have visited the second time.

[waitin_toolong]

Well to begin with there is no real H1 transfer. What happens is the second employer files for a new H1 and uses the fact that the since the H1 holder has already been counted against the cap once he is cap exempt.

The same can happen in this case.

The major difference in the case where applicant is already in USA on H1 versus abroad is that the person who is already in USA is in H1 status and does not have to wait for approval but can start working when they get the receipt. The H1 applicant abroad is not in H1 status currently hence cannot start working for the new employer just on the basis of receipt but has to wait for approval, before being allowed to travel to USA. If the H1 is stamped using
prev employer then they dont even need to get a new stamp as long as the stamp has not expired, they can eneter just presenting the new H1 papers and the old stamp.